Electrical Code

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  AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, STANDARD OF THE NATIONAL BOARD OF FIRE UNDERWRITERS; PROVIDING EXCEPTION THERETO; CREATING THE OFFICE OF ELECTRICAL INSPECTOR; PRESCRIBING HIS DUTIES, POWERS AND QUALIFICATIONS; PROVIDING FOR ELECTRICAL INSPECTIONS, FEES, LICENSES, AND PERMITS THEREFOR; PROVIDING FOR CERTIFICATES OF APPROVAL; FOR PENALTIES; DECLARING AN EMERGENCY AND FOR ALL OTHER RELATED PURPOSES. 

THAT WHEREAS, the City of Emmet, Arkansas does not now have an official electrical code of any kind and has no prescribed standard for the regulation of the installation, construction, and alteration of electrical equipment to ensure the safety of operation of such electrical equipment, which may be installed or constructed within its corporate limits, and that there is an urgent need for such regulation. 

NOW, THEREFORE, 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EMMET, ARKANSAS:

Section 1) DEFINITION Whenever the term “electrical equipment” may appear in this Ordinance, it shall be construed to mean and include conductors, fittings, devices, fixtures, appliances, apparatus, machines, and any other electrical part.

Section 2) ADOPTION OF THE CODE That the National Electric Code, Standard of the National Board of Fire Underwriters, 1962 Edition, as now written, or as the same may be amended from time to time, of which not less than three (3) copies have been and shall remain filed in the office of the City Recorder of the City of Emmet, Arkansas, be and the same is hereby adopted as fully as though set out herein, word for word, and from the date on which this Ordinance shall take effect, the provisions of said Code shall be controlling and binding in all the construction, installation, alteration, maintenance, and/or removal of electrical equipment, within the corporate limits of the City of Emmet, Arkansas.

Section 3) EXCEPTIONS The provisions of this Ordinance shall not apply to installations in railway cars, automotive equipment or to facilities or installations used by electrical supply or to communications agencies in the generation, transmission, or distribution of electricity or for the operation of signals or the transmission of intelligence or to the replacement of lamps, connection of portable household equipment or repairs to existing fixtures, the cost of which is less than $25.00.

Section 4) THE ELECTRICAL INSPECTOR, HIS QUALIFICATIONS, POWERS, AND DUTIES. The office of Electrical Inspector is hereby created, who shall be appointed by the mayor, subject to confirmation by the City Council, and who shall possess knowledge of the approved methods of electrical construction and installation regarding the safety of persons and property and the laws, rules, and regulations under and by authority of the State of Arkansas, and knowledge of the National Electrical Code adopted by this Ordinance. 

(b) Said Electrical Inspector shall serve for the term or length of time and paid such amount for his services as may be determined by the Mayor and City Council.

(c) The Electrical Inspector shall not engage in the business of sale, installation, construction, or maintenance of electrical equipment of any kind or nature, either directly or indirectly, and shall have no interest in any concern or business engaged in such business in the City of Emmet, Arkansas at any time while employed as such Electrical Inspector.

(d) It shall be the duty of the Electrical Inspector or inspectors to enforce all the provisions of this Ordinance, and such inspectors are hereby granted and given the authority to enter upon all premises and buildings, within the City of Emmet, Arkansas in the performance of duty, between the hours of 8:00 A.M. and 5:00 P.M., daily, and in cases of emergency may enter upon any premise or building for a said emergency at other than the designated hours. 

(e) The Electrical Inspector or inspectors are hereby authorized and empowered to inspect all wires and electrical equipment, within the City, before, during, and after its installation and construction to ascertain whether same is properly done, free from defects and flaws, and no electrical wiring or installation or construction of electrical equipment shall be covered or concealed during construction or installation until he has inspected same. And if such electrical construction or installation shall have been covered or concealed during the course of new construction, he is hereby authorized and empowered to tear out and remove so much of any such covering or obstruction, which may prevent a complete and thorough inspection thereof.

(f) When any electrical equipment as defined herein is found by the Electrical Inspector to be defective or defectively constructed or installed, the person, firm, or corporation responsible for the electrical equipment or its installation shall be notified in writing to make such changes or corrections in such construction or installation or alteration as may be required in the judgment of the Electrical Inspector to place such electrical equipment in safe and proper condition and made to conform with the provisions of the Electrical Code and this Ordinance. If such change or correction, as required in the judgment of the Electrical Inspector is not made within five (5) days or such longer time as may be specified in the written Notice of the Electrical Inspector, he shall have authority to cause disconnection and order the discontinuance of electric service to such electrical equipment.

(g) The Electrical Inspector, upon application, shall grant permits for the installation, construction, alteration, or removal of electrical equipment. He shall keep a complete record of all permits issued, inspections, and re-inspections made, and other work done in his official capacity, a copy of which shall be filed with the City Recorder.

Section 5) APPLICATIONS AND PERMITS (a) Before beginning any construction, installation, or alteration of any electrical equipment within the corporate limits of the City of Emmet, Arkansas, the person, firm, or corporation desiring to construct, install or alter the same shall apply to the Electrical Inspector or other designated City Official and obtain a permit to do such work, installation, construction or alteration, and only such person legally authorized to do the work of installing, constructing or altering electrical equipment may be issued a permit. However, a permit may be issued for work to be done by a property owner in his home or his place of business, if the business building is owned by him; provided, however, all such electrical work performed by a property owner for himself shall meet the approval of the Electrical Inspector and the Code, and such property owner shall the appropriate inspection fees.

(b) All applications for permits shall be accompanied by such plans, specifications, or description, as may be necessary to determine whether the proposed installation, construction, or alteration so described will conform with the Electrical Code adopted herein, and no deviation from conforming plans, specifications or descriptions may be made without the written approval of the Electrical Inspector.        

(c) An Annual Permit may be issued by the Electrical Inspector upon application in writing therefore accompanied by a description of the building or premises, where such work is to be done, to any person, firm or corporation, which regularly employs one or more electricians for the installation, alteration and maintenance of electrical equipment in buildings or/on premises owned and occupied by the applicant for the permit, who shall keep a record of each such installation, construction or alteration under such permit and file same with the Electrical Inspector or the City Recorder. Each such Annual Permit so issued shall expire on December 31, of the year in which it is issued. 

Section 6) LICENSE AND FEES Every person, firm or corporation, before engaging in the business of constructing, installing, or altering electrical equipment, within the City of Emmet, Arkansas shall register or make an application for a license to do such work, and said license shall be approved by the Electrical Inspector, and issued by him. The fee for such license, the terms, conditions, and amount of bond to be required of such electricians shall be fixed from time to time by Resolution of the City Council.

(b) Before any permit is granted and issued for the construction, installation, or alteration of electrical equipment, the person, firm, or corporation making application for such permit shall pay to the Electrical Inspector of the City inspection fee or fees as follows: 

1 to 5 circuits, $1.00 for the first two circuits, .50 for each additional circuit. 

5 to 25 circuits $2.50 for the first five circuits, .25 for each additional circuit.

25 to 50 circuits $7.50 for the first 25 circuits and .10 for each additional circuit.

One electrical appliance or electrical machine $1.50; $2.50 for the first three units or machines and .50 for each additional unit or machine.

Five or more appliances or machines $3.50 for the first 5 such units and .25 for each additional machine or appliance. 

Heating devices are to be charged for at the same rate as above.

The fee for Sign Inspection, Neon, and all electrical signs shall a minimum charge of $2.00 for each sign with two transformers plus .50 for each additional transformer.

Fees for the replacement of service entrance equipment: $2.00 per service up to and including 60 amperes, $3.00 per service up to and including 200 amperes, $5.00 per service up to and including 500 amperes, $7.50 per service over 600 amperes.

A fee shall be fixed by the City Council and paid by the holder of each Annual Permit at the time when such permit is issued, which shall cover the inspection fees due by the holder of such permit for the period for which such permit is issued. 

Section 7) INSPECTIONS AND CERTIFICATES Upon the completion of any construction, installation, or alteration of electrical equipment, which is made under a permit, other than an annual permit or done by the property owner in his own home or place of business owned by him, it shall be the duty of the person, firm or corporation making such installation, construction or alteration of electrical equipment to notify the Electrical Inspector of the completion of such work, and it shall be the duty of the Electrical Inspector to inspect and determine the condition within forty-eight (48) hours, exclusive of Saturday, Sunday and holidays, from the time such notice is received or as soon thereafter as practicable. 

(b) If the Electrical Inspector finds the work to conform with the provisions of this Ordinance and Code, he shall issue to such permit holder a certificate in duplicate, authorizing the connection of the said electrical equipment to the electrical supply and give written notice to the supplier of such electric service.

(c) When a certificate of approval is issued authorizing the connection and use of a temporary installation, such certificate shall be issued to expire at a time stated in the certificate and the certificate shall be revocable by the Electrical Inspector, for a cause. 

(d) When any electrical equipment is to be hidden from view by the permanent placement of parts of a building, the person, firm, or corporation installing the electrical equipment shall notify the Electrical Inspector, and such equipment shall not be concealed or covered, until it has been inspected and approved by the Electrical Inspector or until forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays shall have elapsed from the time of such notification; provided, however, that on large installations of electrical equipment, where the concealment of such electrical equipment proceeds continuously over a period of time, the person, firm or corporation installing such electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically as necessary during the progress of the work.

(e) The Electrical Inspector shall visit at reasonable intervals all premises where work may be done under an Annual Permit and he shall inspect all electrical equipment installed or constructed under such permit, since the date of his previous inspection, and shall issue a certificate of approval for such work as is found to conform with the provisions of this Ordinance and Code. 

(f) If upon inspection the installation or construction of electrical equipment under such Annual Permit is not found to conform with the provisions of this Ordinance and Code, the Electrical Inspector shall immediately forward be written notice to the person, firm, or corporation making such installation or construction stating the defect or defects found to exist, and said defect or defects shall be corrected as provided for in Section 4 (f) of this Ordinance.

Section 8) VIOLATIONS Except where work is done under an Annual Permit, it shall be unlawful for any person, firm, or corporation (1) to make a connection of electrical equipment with a supply of electricity for which a permit is required and not obtained (2) or for which a certificate of approval is required and not obtained or to knowingly (3) supply any electricity to any such electrical equipment for which a permit is required and not obtained or (4) for which a certificate of approval is required and not obtained or (5) which has been disconnected or ordered disconnected by the Electrical Inspector, and each said numbered act shall be a separate offense.

Section 9) PENALTIES Any person, firm or corporation, who shall violate the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not less than $50.00 and not more than $300.00 for each offense.

Section 10) REPEALS All Ordinances or parts of Ordinances in conflict with any provision of this Ordinance are hereby repealed.

Section 11) SEVERABILITY If any sentence, paragraph, section or part of this Ordinance or of the Code hereby adopted be for any reason declared invalid, such invalidity shall not render the remaining parts hereof invalid, as the City Council intends that it would have passed all other portions and parts of this Ordinance independent of the elimination therefrom of any part of this Ordinance or the Code hereby adopted, which may be declared invalid. 

Section 12) EMERGENCY SECTION That the City Council of the City of Emmet, Arkansas does hereby find that there is an immediate need for a Code and Ordinance for the regulation of the construction, installation, or alteration of electrical equipment within the corporate limits of the City of Emmet, Arkansas, and this Ordinance thus being necessary for the preservation of the peace, health, safety, and welfare of the inhabitants of the City of Emmet, Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval.

PASSED AND APPROVED on this day of 19 

Otis Townsend (Found on file) 

MAYOR

ATTEST:

W.E. McFarland (Found on file)

CITY RECORDER

STATE OF ARKANSAS

CERTIFICATE

COUNTY OF NEVADA

I, the undersigned duly elected, qualified, and acting Recorder in and for the City of Emmet, Arkansas, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance, duly passed and approved on the date shown above, in a meeting of the City Council, duly called with notice to all members, with a quorum present and voting, by a vote of two-thirds or more of the members-elect voting in favor of its passage. 

CERTIFIED under my hand as Recorder and under the seal of the City on this day of 

19 

W. E. McFarland (Found on file)

(Seal)  City Recorder